What Is a Medical Malpractice Case in Charleston, SC?

Harmed by medical negligence in Charleston? Roden Law's King Street lawyers handle South Carolina medical malpractice claims. Free consultation, no fee unless we win.

— Reviewed by Graeham C. Gillin, Partner, COO at Roden Law ·

Key Takeaways

Before a medical malpractice lawsuit can be filed in South Carolina, the patient must file a Notice of Intent to File Suit with a qualified expert's affidavit (S.C. Code §§ 15-79-125, 15-36-100), and the parties must mediate. The claim generally must be brought within three years of the treatment or of when the injury was or should have been discovered, but no more than six years after the treatment (S.C. Code § 15-3-545). Noneconomic damages are capped; for 2026 the caps are $596,001 per provider or institution and $1,788,002 in total per claimant, with exceptions for grossly negligent, wilful, wanton or reckless conduct, fraud, and altered or destroyed records (S.C. Code § 15-32-220). Roden Law's Charleston office at 127 King Street handles medical malpractice cases on contingency: the consultation is free and there is no fee unless we win.

Visit Our Charleston Office

Roden Law — Charleston 127 King Street, Suite 200, Charleston, SC 29401

Getting here: Our Charleston office is downtown at 127 King Street, Suite 200, between Broad and Queen streets, about a block from the Charleston County Judicial Center. From I-26 East, take Exit 221B onto Meeting Street heading south toward Broad Street. From Mount Pleasant, cross the Ravenel Bridge and follow US-17 S to the Meeting Street exit. Street and garage parking available nearby.

Why Hire Roden Law After Medical Malpractice in Charleston

Medical malpractice claims are heavily defended, and South Carolina requires specific steps before a lawsuit can even be filed. A case is won by showing, with qualified medical experts, that a provider fell below the standard of care and that it caused the harm.

  • No fee unless we win. The consultation is free, and you pay nothing up front.
  • A South Carolina lawyer on your case. Your case is handled under South Carolina law by attorneys licensed here, from our office at 127 King Street.
  • Expert review from the start. South Carolina requires a qualified expert’s affidavit before suit, so we work with medical experts from the outset.
  • Your records secured. We gather the medical records and build the timeline of what happened.

Medical Malpractice Cases We Handle

If a loved one died because of medical negligence, see medical malpractice deaths. For how a claim against a hospital works, see filing a medical malpractice claim against a Charleston hospital.

South Carolina Medical Malpractice Law

Steps before a lawsuit

Before a malpractice lawsuit can be filed, the patient must file a Notice of Intent to File Suit together with a qualified expert’s affidavit identifying the negligent act or omission, and serve it on every provider named (S.C. Code § 15-79-125; S.C. Code § 15-36-100). Filing the notice pauses the filing deadline. The parties must then mediate, generally within 90 to 120 days of service. If mediation does not resolve the claim, the lawsuit can be filed.

Deadlines

A malpractice claim generally must be brought within three years of the treatment, or within three years of when the injury was or reasonably should have been discovered, but no more than six years after the treatment (S.C. Code § 15-3-545). If the provider is a government hospital or employee, the South Carolina Tort Claims Act also applies: suit generally must be filed within two years of when the loss was or should have been discovered (S.C. Code § 15-78-110), recovery is capped at $1,200,000 per occurrence when a government-employed physician or dentist caused the harm and otherwise at $300,000 per person and $600,000 per occurrence, and punitive damages are not available (S.C. Code § 15-78-120).

Damage caps

South Carolina caps noneconomic damages, such as pain and suffering, in medical malpractice cases. The caps are adjusted each year; for 2026 they are $596,001 per health care provider or institution and $1,788,002 in total per claimant. They do not apply if the provider was grossly negligent, wilful, wanton or reckless and that conduct caused the harm, engaged in fraud or misrepresentation related to the claim, or altered or destroyed medical records to avoid the claim, and they do not limit economic damages such as medical costs and lost wages (S.C. Code § 15-32-220). Punitive damages must be proved by clear and convincing evidence (S.C. Code § 15-33-135).

Your share of fault

South Carolina uses modified comparative negligence: you can recover if you are 50% or less at fault, with your award reduced by your share (Nelson v. Concrete Supply Co.).

Where the case would be filed

Most Charleston County medical malpractice cases are filed in the Court of Common Pleas at the Charleston County Judicial Center, 100 Broad Street.

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What to Do After Suspected Medical Malpractice in Charleston, SC

  1. Request your complete medical records in writing. From every provider and facility involved, not just the one you suspect. Ask for the full file including imaging, nursing notes, and orders. In a malpractice case the records largely are the case.
  2. Keep getting treatment — ideally from someone new. Your health comes first, and a second opinion may catch something correctable. A gap in treatment is also one of the first things a defense expert points to when arguing an injury was not serious.
  3. Write down what happened while you still remember it. Dates, who you saw, what you were told before and after, and who else was in the room. The written record is authored entirely by the other side; your account is not.
  4. Do not accept waived bills or a free corrective procedure in exchange for signing. It is a common offer. It is also sometimes paired with paperwork that ends your claim. Read what is attached, and have it reviewed before you sign it.
  5. Be careful with risk management and insurance adjusters. Those calls are documented and they are not made for your benefit. You are not required to give a recorded statement before speaking with an attorney.
  6. Do not assume a bad outcome is — or is not — malpractice. Medicine carries known risks, and a poor result on its own proves nothing. The question is whether the care fell below the accepted standard, and usually only a qualified medical expert can answer it.
  7. Contact an attorney early — the pre-suit requirements are slow. South Carolina requires a Notice of Intent to File Suit, filed together with a qualified expert's affidavit, and then mediation before a malpractice suit can be filed (S.C. Code §§ 15-79-125, 15-36-100). Locating the right expert and obtaining that opinion routinely takes months. Roden Law offers free consultations.

South Carolina Medical Malpractice Law

Statute of Limitations Generally 3 years from the treatment or from discovery, and no more than 6 years after the treatment (S.C. Code § 15-3-545)
Comparative Fault Modified — recover if less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991))

Filing a Personal Injury Case in Charleston

A personal injury case from downtown Charleston is usually filed in the Charleston County Court of Common Pleas at 100 Broad Street, through the South Carolina Judicial Branch’s e-filing system. Most contested cases go to mediation under the South Carolina ADR Rules before trial.

Charleston’s peninsula geography concentrates risk on a few well-known corridors: the Crosstown (US-17 / Septima P. Clark Parkway), the Arthur Ravenel Jr. Bridge to Mount Pleasant, and the dense tourist grid around King and Market Streets, where rideshare drop-offs and carriage tours mix with out-of-state drivers. Serious-injury patients from peninsula crashes are typically taken to MUSC Health University Medical Center (171 Ashley Ave), an adult and pediatric Level I trauma center.

Under South Carolina law, a medical malpractice claim generally must be brought within 3 years of the treatment or of when the injury was or should have been discovered, and no more than 6 years after the treatment (S.C. Code § 15-3-545), and you can recover only if you are less than 51% at fault.

Do I Have a Medical Malpractice Case in Charleston?

Medical malpractice replaces “ordinary care” with the standard of care of a reasonably prudent practitioner in the same specialty. South Carolina requires a Notice of Intent to File Suit, filed together with a qualified expert’s affidavit, before a malpractice suit can be filed (S.C. Code §§ 15-79-125, 15-36-100). The parties must then mediate, generally within 90 to 120 days. The deadline is generally three years from the treatment or from when the injury was or should have been discovered, but no more than six years from the treatment (S.C. Code § 15-3-545).

Types of Compensation in South Carolina Medical Malpractice Cases

South Carolina caps noneconomic damages in medical malpractice cases. The caps are adjusted each year; for 2026 they are $596,001 per health care provider or institution and $1,788,002 in total per claimant, and they do not apply to grossly negligent, wilful, wanton or reckless conduct that caused the harm, to fraud or misrepresentation related to the claim, or to medical records altered or destroyed to avoid the claim (S.C. Code § 15-32-220). Economic damages — past and future medical costs, lost wages, lost earning capacity, attendant care — are not limited by the cap. Punitive damages must be proved by clear and convincing evidence (S.C. Code § 15-33-135).

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Roden Law Charleston Medical Malpractice Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across 170+ verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 6 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO

Frequently Asked Questions

Contact Our Charleston Office Today

If you were injured in Charleston and believe another party is at fault, contact us for a free, no-obligation review. Call (843) 790-8999 — no upfront cost.